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UNION ELEC. CO. v. MISSOURI DEPT.

No. 03-2135.

366 F.3d 655 (2004)

UNION ELECTRIC COMPANY, doing business as Ameren UE, Plaintiff — Appellant, v. MISSOURI DEPARTMENT OF CONSERVATION; John D. Hoskins, in his official capacity as Director of the Missouri Department of Conservation; Stephen C. Bradford, in his official capacity as Commissioner of the Conservation Commission; Anita B. Gorman, in her official capacity as Commissioner of the Conservation Commission; Cynthia Metcalfe, in her official capacity as Commissioner of the Conservation Commission; Howard L. Wood, in his official capacity as Commissioner of Conservation Commission, Defendants — Appellees. State of Missouri; Missouri Clean Water Commission, Amici on Behalf of Appellees.

United States Court of Appeals, Eighth Circuit.

Filed: April 9, 2004.

Amended: April 30, 2004.

Attorney(s) appearing for the Case

Ann E. Buckley, argued, Armstrong & Teasdale, St. Louis, MO (John R. Molm, Charles A. Zdebski, Jennifer A. Kerkhoff, Troutman & Sanders, Washington, DC, on the brief), for Plaintiff-Appellant.

Phillip B. Grubaugh, argued, Kansas City, MO (Spencer J. Brown, Mimi E. Doherty, Deacy & Deacy, Kansas City, MO, on the brief), for Defendants-Appellees.

Shannon L. Haney, Attorney General's Office, Jefferson City, MO, for Amici on Behalf of Appellees.

Before MELLOY, MCMILLIAN, and BOWMAN, Circuit Judges.

BOWMAN, Circuit Judge.

This is a suit by AmerenUE, an electric utility, against the Missouri Department of Conservation ("MDOC") and, in their official capacities, the director of MDOC and four commissioners of the Missouri Conservation Commission. We affirm the District Court's1 dismissal of the action as barred by the Eleventh Amendment.

AmerenUE, which is licensed and regulated by the Federal Energy Regulatory Commission, operates...

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